Were procurement facilities created to fight Coronavirus?

Already all institutions are using negotiated, unopened procedures to link a contract, according to the Public Procurement Law dealing with prevention of pandemic.

This year's priority capital investments seem to be being carried to next year. This is after KRPP has ruled that all procurement activities that are in the tendering or initiative procedure for providing public contracts that are not emergency as the trigger of COVIID 19, or that do not link with the functioning of state administration, postpone tenderation/initiation terms with particular emphasis capital investments in line with the decisions of the Ministry of Health. 14,04,2020 for the prevention, combat, and elimination of COVID 19, writes the news.net.

The mayors of the municipalities through the Kosovo Communist Association have reacted about the recent announcement issued by the KPC through a letter directed KRPP's.

Despite this, the CRPP has clarified the facilities that have been made in procurement procedures to implement tenders that relate to the emergency situation in the fight against Avid 19.

“Conform Article 87 of Law No. 04/L-042 for Public Procurement, based on the situation created as a result of the COVID-19 Corona Virus, CRPP has taken steps like: In 16.03.2020, we have prepared an announcement of all the contracting authorities that are related to the Government of the Republic of Kosovo's decision with No. 01/11 on the 1503.20  For a public health emergency announcement, he can use negotiated procedures without the publication of the contract announced by the LPP Article 35, namely, based on Article 35 paragraph 2.1. To facilitate the work of ecomic operators, the KCPP by 30.03.20 also releases an announcement of all Contracative Authorities and Economic Operators concerning the three required evidence from the winner In physical shape as “verified by Court”, “Confirmation of ATK” and “The security of the tender””, says in response to the CRPP Regulatory Department for News.net

This department also disclosed that, given recent developments in other countries and measures that they have taken regarding pandemic, they have received some examples that have been appropriate for Kosovo as well.

We've been able to ease business as little as we can to ease administrative burden, create space for competition, equal treatment, and ease the financial burden of some of the measures we left for the week and are finalised by 21.04.20 are: Not to ask for Catalogjes; not to request swimming documents; making the offer no more than 1 %; paying as soon as possible; postponing bidding until after the 05.05.20, (clarification, there are no emergencies and procedures related to the functioning of the State Administration). Don't be penalised OE when there's a delay in doing things, when these delays have occurred because of the situation created by COCID-19 virus. These are some of the extenuating measures that were taken by the KCPP”.

The Public Procurement Regulatory Commission at this time, like all other institutions in it, is working with reduced staff, however, says that as far as the AKs have observed, they are implementing measures issued by the KCPP, and that not complying with these KCPP measures obliging them to take measures against procurement officials to receive certificates.

Nevertheless, during the use of negotiated procedures, some municipalities are buying products more expensive than market value. In the meantime, although institutions have been allowed to use these procedures, the Ministry of Health has already failed most tenders and parts procedures (lots) that involve “Emergency Planning with medical -Ventilators for protection from Corona-Virus”.

Given that institutions are obsessed with prevention of pandemic, capital investments are expected to be carried for next year. At the CRPP, they still do not know whether relief procedures for capital investments will be created.

“The KCPP will forward the situation and conduct the created situation, but in realising capital investments, we believe any response can be received in other institutions such as Government or any Minister”.

Meanwhile, the mayors of the municipalities through the Association of Kosovo municipalities have reacted to the recent announcement issued by the KCPP, where all procurement activities that are in tendering or initiative for providing public contracts for supply, services, jobs that are not emergency as the trigger of COVID 19, or that are not linked to the functioning of state administration, to postpone tendering/initiation terms with particular emphasis on capital investments.

According to the association, this reason is not very convincing that all procurement activities will be postponed after the May 05th 2020 date.

We like the AKK think that public procurement activities have nothing to do with spreading COVID 19. It needs to be taken into account that all public procurement activities are automated and developed via the internet, so with the known e-procurement procedure. Given the tendering procedures and the first long legal deadlines for tendering, the bid alone takes 30 days. So such a request by the KCPP is an obstacle to municipalities in realising capital projects based on the budget offered for 2020, and not in the spirit of this announcement aimed at making the tender process easier. It should be taken into account that the budget for capital investments in municipalities is approved by the Kosovo Assembly and we cannot bear in mind how the CHAP decisions clash with the Ministry of Finance and Transfers, where this minister has informed municipalities that they can proceed with the realisation of capital projects”, the AKK says.

The AKK has asked the KCPP not to interrupt public procurement activities because they think that any delay in these activities will be at the expense of the local population and that this decision will most affect local residents who would benefit directly from these projects.